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Complaint Procedures

Procedures for Discrimination and Harassment Complaints

The following procedures are designed to provide an internal process for the handling
of complaints involving claims of discrimination or harassment. Such claims may arise
from violation of federal or state statutes or University policy or regulations. In
addition, a complaint may be filed with state and federal civil rights enforcement
agencies, generally within 180 calendar days of the date of the alleged discriminatory
event.

Any complainant who believes that he or she is a victim of discrimination or harassment
in violation of University policies is encouraged to promptly notify the alleged perpetrator
(the "respondent") verbally or in writing that his or her conduct is unwelcome. Such
an action may cause the offending conduct to cease as well as help to maintain a discrimination
and/or harassment free environment. Regardless of having given this notice, the complainant
may initiate a complaint under the policies by bringing the matter to the attention
of any one of the following: Director of Diversity and Equity Programs, appropriate
Dean, appropriate Vice President or Associate Vice President, or supervisor.

Complainant(s) are encouraged to file as soon as possible following the alleged discriminatory
act. The internal complaint must be resolved within ninety (90) calendar days of
the incident.

The Complainant should understand, however, that the state civil rights agency, CHRO,
also has a 180 time limit for filing a claim of discrimination and that filing a complaint
under this SCSU policy does not affect that timeline.

Individuals filing complaints internally will be 1) informed of and provided a copy
of University policies on non-discrimination and/or sexual harassment 2) asked if
they wish to pursue the complaint on an informal or formal basis, and 3) advised that
they have the right not to be retaliated against for bringing the complaint and that
the University will not tolerate retaliation. Individuals will be further advised
that they have the legal right to file a complaint with the Connecticut Commission
on Human Rights and Opportunities, the United States Equal Employment Opportunity
Commission, the U. S. Department of Labor, Wage and Hour division, and any other agencies,
state, federal, or local, that enforce laws concerning discrimination in employment.
When appropriate, the ODE may also recommend confidential counseling or other support
services that provide victim assistance.

If the complaint is initially received by another university official, it shall be
promptly forwarded to the Director of Diversity and Equity Programs. If the complaint
is verbal, the person receiving the complaint shall make a written summary and request
that the complainant sign it. Any supervisor who has witnessed or becomes aware of
the alleged occurrence of discrimination or harassment, or who receives a complaint
of discrimination or harassment, involving a person within their purview is required
to report the matter to the Director of Diversity and Equity Programs and to take
prompt corrective action as appropriate. Failure of the supervisor to report the incident
or take appropriate corrective action shall be a violation of this policy and shall
constitute misconduct subject to disciplinary action.

The Director will review the complaint and, at this stage or at a later stage after
further investigation, determine whether the acts complained of, as stated by the
complainant, constitute a violation of the Discrimination and Sexual Harassment Prevention
Policy ("Policy"), and if not the complainant will be so informed. The Director may
still recommend that informal resolution be pursued, particularly in the situation
where the Director determines that the complaint involves unprofessional or other
objectionable behavior, but not discrimination or harassment on the basis of a protected
class category as defined in the Policy. If the Director determines the alleged acts
may constitute a violation of the policy, investigation will proceed as set forth
in the Formal Process below, unless the matter is satisfactorily resolved through
the Informal Process.

Informal Process

In some circumstances informal resolution of a complaint agreeable to both parties
may be more satisfactory than proceeding directly to a formal complaint. Under this
policy, there are essentially two types of informal resolution: (1) with complainant's
agreement, an informal resolution by the appropriate Dean, Associate Vice President
or Vice President, and/or (2) mediation between the parties arranged by the Office
of Diversity and Equity Programs.

In the informal process of resolution with the department head or supervisor, appropriate
Vice President or Dean or other designated university official, he/she takes some
action to eliminate the causative factors precipitating the original complaint, stop
the offending behavior, and resolve the complaint in a manner that is equitable and
timely to all parties. In this case, however, the university official taking this
action is required to promptly inform the Office of Diversity and Equity Programs of
the allegations as well as how he/she proposes to eliminate or resolve the situation
resulting in the complaint.

In appropriate cases, the complainant and respondent may agree to pursue mediation
and the Office of Diversity and Equity Programs will arrange for a mediator who is
mutually acceptable to both parties. The mediator will consult with and advise both
the complainant and the respondent about the mediation process. If the mediation results
in a mutually acceptable agreement, copies of the agreement will be forwarded to the
Director of Diversity and Equity Programs for review and monitoring. If the mediation
does not result in an agreement, the case will be returned to the Office of Diversity
and Equity Programs to proceed through the formal process.

Complainant(s) are encouraged to file as soon as possible following the alleged discriminatory
act. The internal complaint must be resolved within ninety (90) calendar days of
the incident.. Extensions may be granted by the Director, Diversity and Equity Programs
with the consent of the complainant.

Formal Process

If the informal process is unsuccessful or if the Complainant wishes to proceed directly
to the formal process, the complainant must file a written complaint within 180 days
following the act or omission giving rise to the complaint or the date on which the
complainant knew or should have known of such act or omission. The written complaint
should follow the format in Appendix A.

The Office of Diversity and Equity Programs will notify the respondent in writing
that a complaint has been filed and provide him/her with a copy of the complaint with
any attachments, the discrimination and or sexual harassment policy. Respondents shall
be informed of the allegations and be given an opportunity to respond orally or in
writing.

Within fifteen (15) calendar days of filing of the formal complaint, the Director
of Diversity and Equity may afford the parties an opportunity to mediate a resolution
to the complaint. The university will designate an individual who has been trained
to mediate such complaints.

If the complainant or the respondent decides not to participate in mediation or if
the mediation is not successful, the Director will further investigate the complaint.
The investigation may include, but not be limited to, interviewing witnesses deemed
appropriate and obtaining written statements, propounding written questions, reviewing
any documents or files deemed relevant, and interviewing the parties to the complaint.

The Office of Diversity and Equity Programs shall issue a written report of findings,
including recommended action(s), to the President within ninety (90) days of receipt
of the formal complaint. The complainant and respondent shall be notified in writing
of the findings by the Office of Diversity and Equity Programs. If the Office of Diversity
and Equity Programs finds a reasonable cause to believe that a violation of this policy
has occurred, the complaint will be referred to the appropriate member of management
for a decision on what, if any, further action is warranted, including whether to
pursue formal disciplinary action up to and including termination. The process for
disciplinary action will be governed by the applicable sections of the collective
bargaining agreement, the personnel policies if no collective bargaining agreement
is in effect, or for students, the disciplinary articles of the Student Code of Conduct.

This procedure for formal investigation of complaints regarding violations of the
policies governing discrimination and harassment shall be conducted in accordance
with applicable collective bargaining agreements of the University.

Procedure for Review of Findings (applicable to AAUP members only)

Within ten (10) calendar days of receiving the notice of the findings from the Director
of the Office of Diversity and Equity Programs, a faculty member who brought the complaint
may request a review, by the Discrimination and Harassment Complaint Review Committee,
of an ODE finding that the discrimination or sexual harassment policy has not been
violated. If the Office of Diversity and Equity Programs finds that the policy has
been violated, and the respondent is also an AAUP member, that faculty member may
also request review by the Committee. The request for review must be submitted in
writing to the Director of the Office of Diversity and Equity Programs and include
a statement describing in detail the grounds for the review request. The grounds for
review will be limited to a) violations of complaint procedures; and b) additional
evidence, which was not available during the investigation. The findings of the Office
of Diversity and Equity Programs will be binding on all parties unless the complainant
or the respondent files a request for review within ten (10) calendar days of receipt
of the findings.

Upon receiving the written request, the Director of Diversity and Equity Programs shall
forward copies of the request to the Associate Vice President for Human Resources
and Labor Relations or designee, and the SCSU-AAUP President or designee. If a request
for review is filed, the complainant and respondent shall have access to all relevant
documents to the extent permitted by law. Access shall include, but not be limited
to, all documents presented to or considered by the Committee.

Within thirty (30) days of filing the request for review, the Panel shall be convened
for the purpose of reviewing the findings and recommendations of the Office of Diversity
and Equity Programs. The Committee shall consist of three members selected from a
volunteer panel of reviewers who will serve two-year terms. The panel will include
SCSU full-time faculty members, members of the administration, and individuals from
other campus constituencies. When a Committee must be convened, one faculty member,
one member of administration, and one member from one of the other campus constituencies
will be selected. Every effort will be made to rotate the selection of Committee members.
The panel of reviewers will be given an orientation on the nature of the review process,
and prohibited forms of discrimination, including harassment.

The Committee's responsibility will be to review the complaint and the ODE findings
and recommendations and submit a report to the President. The proceedings of the review
panel are informal. The Committee should not consider cumulative, repetitious, or
irrelevant evidence. In discharging their duties, the Committee may interview the
principals in the specific complaints, review complaint records, and have access to
additional relevant records, which may not already be included with the Office of
Diversity and Equity Programs file.

Within thirty (30) days of convening, the Committee shall forward their findings
and recommendations to the President in writing.

Upon receipt of the Committee's report, the President will make the final decision
as to the disposition of the complaint. The President will give written notice of
his or her decision to the Complainant, the Respondent, the Committee, and the ODE
within thirty (30) calendar days of the receipt of the Committee's report. If the
President's decision upholds a recommendation that action(s) are required to remedy
a violation, the President will refer the matter to the appropriate university administrator
who will decide what further action is warranted, including any disciplinary action.

Filing a False Complaint

Any member of the University community who knowingly files a false complaint of discrimination
or harassment, or who knowingly provides false information to or intentionally misleads
any University official who is investigating a complaint, is subject to disciplinary
action.